Call from Financial Management Systems
Date: Wed, 06/24/2009 - 07:09
Submitted by desperatelyseekingsanity
on
Wed, 06/24/2009 - 07:09
Total Replies: 7
Is this legal?
:shock:
The creditor need to send you a dunning letter within 5 days of
The creditor need to send you a dunning letter within 5 days of initial communication to start the process of debt collection. This is as per the provisions of the FDCPA. Unless you receive a dunning letter from the CA, you need not worry about the debt.
Did you check your credit report? If their name there in your report against the debt?
First, save that message, it may come in handy depending on what
First, save that message, it may come in handy depending on what was actually said. Second, they are not allowed to contact you so as to incur charges (such as on a cell phone or collect) according to the FDCPA. It does seem a bit rude but as long as they are not lying or putting personal info on a message, then it is probably legal, even if it skirts along the edge. If you ever speak to them, only verify your address and wait for the dunning letter before you say one word in regards to the alleged debt (or your SS# for that matter) so you can get a chance to peruse the offered info and dispute it if necessary.
As I am sure you know, you only get 1 free credit report per year.
Did they say FMS or the full name? I found at least 3 companies with the initial FMS that do debt collections. One of them (Financial Management Systems) apparently contracts out much of their collections activity.
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SC....a phone message is NOT a contact. The 5 day dunning rule
SC....a phone message is NOT a contact. The 5 day dunning rule does not apply until they speak to the debtor.
I did return the call and requested they send me the dunning let
I did return the call and requested they send me the dunning letter...the sooner I get it the sooner I DV them and make them go away!
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Hi Soaplady, skydivr argued this point far better than I can
Hi Soaplady,
skydivr argued this point far better than I can so I demur. This is the 3rd time we've disagreed on this one, so I would like to hash it out once and for all, because I most certainly do not wish to give out bad information or cause misdirection.
Do CAs have to send dunning letter if no initial contact?
This is the crux: (THANK you skydivr!! I have seen enough cases with this, but I couldn't just find one that quickly to buttress my argument so I let it go. I'm glad I found this!)
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